STATE OF ORISSA Vs. SADHU CHARAN PRADHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by the State of Orissa is directed against the judgment of the Orissa Administrative Tribunal (for short the Tribunal) dated January 9, 1995 allowing Original Application No. 2056 of 1994 of the respondent holding that the respondent, who was a mason in the Government Department, would retire at the age of 60 years and not 58 years as per the service rules applicable in the State.

(3.) The respondent joined service in the workcharged establishment of the Executive Engineer, Roads and Buildings, Bhubaneswar on November 16, 1961 as a mason. On February 17, 1978 he was brought over to the regular establishment thus being in the Government Department. The respondent was to retire on September 30, 1994 on attaining the age of 58 years. The respondent, however, filed original application in the Tribunal claiming that he was entitled to continue in service up to the age of 60 years. His claim was based on the Note below second proviso to Rule 71(a) of the Orissa Service Code. His further claim was that the Works Department of the State Government should be treated as "industry" relying upon a decision of the Supreme Court in the case of Des Raj v. State of Punjab, (1988) 2 Serv LR 789.